Professions And Occupations - Digest of Bills

Digest of Bills - 1999

PROFESSIONS AND OCCUPATIONS
S.B. 99-19 Physicians - limited licensure - Shriners hospital for children. Allows physicians who are licensed to practice medicine in another state or territory to apply for and receive a limited license from the Colorado board of medical examiners for the sole purpose of the evaluation and treatment of children under 18 years of age who are potential patients, patients, or out-patients of a Shriners hospital for children. Allows continued treatment for children up to 21 years of age under certain conditions. Provides for the limited license to be valid for a period of 2 years, subject to 2-year renewals. Subjects physicians who receive such limited licensure to standard license renewal requirements.

Permits the Colorado board of medical examiners to charge a fee, not to exceed ½ the amount of the fee for a 2-year renewal of a physician's license, for the limited license to practice medicine. Subjects the physicians who hold a limited license to disciplinary action by the Colorado board of medical examiners.

APPROVED by Governor March 31, 1999
EFFECTIVE March 31, 1999

S.B. 99-44 Alcohol beverages - wine festival permits - requirements. Establishes procedures pursuant to which the state licensing authority shall grant wine festival permits to limited winery licensee applicants. Requires the payment of a $25 annual fee and the completion of an application on which the applicant shall specify the licensed premises for the festival. Requires the permittee to notify the state and local licensing authorities 10 business days before any wine festival is to be held. Includes procedures for the filing of a supplemental application for subsequent wine festivals. Sets forth reasons why the state licensing authority may deny a wine festival permit or a supplemental application. States that supplemental applications shall be deemed approved unless the permittee receives a notice of denial at least 72 hours before the proposed festival.

Authorizes the permittee and the participating licensees to jointly use the licensed premises for wine tastings and sales of wines manufactured by Colorado wineries. Limits the use of such permits to 9 festivals during a 12-month period and for a duration of only 72 hours for any one wine festival.

States that, if there is a violation of the liquor code during a wine festival and the responsible party cannot be identified, the state licensing authority may notify every participating licensee and fine each an amount not to exceed $25 per licensee, or $200 in the aggregate. States that no joint fine shall create or increase civil liability or create joint liability for a participating licensee.

APPROVED by Governor April 19, 1999
EFFECTIVE April 19, 1999

S.B. 99-46 Board of nursing - restructure - creation of panels - additional grounds for discipline. Restructures the state board of nursing by providing for election of a president of the board by board members. Specifies that the president of the board shall divide board members into 2 panels for investigation and adjudication of complaints filed against nurses and psychiatric technicians. Provides that each panel shall consist of 5 members with each category of member represented as equally as possible on each panel. Allows the president to sit on either panel.

Prohibits the panel that investigates complaints to adjudicate the same complaints. Allows the use of an administrative law judge after a panel has investigated a complaint. Provides for representation by an attorney for an individual defending against a complaint. Provides for due process in adjudication of complaints in compliance with Colorado law.

Adds investigatory ability to the powers of the board under current law. Includes the ability to perform licensing functions to powers of the panels. Allows panels to hear recommendations from advisory committees and to issue a confidential letter of concern if a matter does not warrant formal action. Makes complaints filed against a nurse or psychiatric technician public when a complaint has been drafted by the office of the attorney general and served on the nurse by first-class mail.

Clarifies that disciplinary procedures for nurses and psychiatric technicians are governed by the new structure of the board. Adds a new ground for discipline for failing to respond to a complaint in a materially factual and timely manner.

Repeals existing statutory provisions now included within the powers and duties of the board and panels.

APPROVED by Governor April 8, 1999
EFFECTIVE July 1, 1999

S.B. 99-66 Racing - continuation of division of racing events and racing commission under sunset law. Extends the automatic termination date of the division of racing events in the department of revenue, including the Colorado racing commission, to July 1, 2008, pursuant to the provisions of the sunset law.

APPROVED by Governor March 24, 1999
EFFECTIVE March 24, 1999

S.B. 99-81 Racing - pari-mutuel wagering - proceeds - simulcast races. Defines "simulcast facility" to include greyhound tracks as well as horse tracks. Allows a simulcast facility to adopt the rules of the state from which an out-of-state simulcast signal originates concerning takeout percentages and breakage on pari-mutuel wagers.

Allows the director of the division of racing events (division) within the department of revenue to hold outside employment, subject to prohibitions on conflict of interest.

Allows the division increased flexibility in arranging for drug testing of racing animals by eliminating the current requirement for "random" testing.

Specifies that non-racing events may be held at a racetrack upon prior notice to the Colorado racing commission (commission) and subject to the authority of the commission and the division to take all measures reasonably necessary to ensure that such non-racing events do not interfere with the safe and proper conduct of racing at the racetrack.

Provides for summary suspension of racing licenses in animal abuse situations.

Eliminates the advisory committee overseeing distributions from the horse breeders' and owners' awards and supplemental purse fund.

Changes the payment schedule for taxes on racing proceeds from daily to monthly.

Corrects cross references concerning the required duration of live horse race meets under a previous phase-in schedule. Repeals obsolete provisions.

APPROVED by Governor June 2, 1999
EFFECTIVE June 2, 1999

S.B. 99-99 Real estate professionals - continuation of the division of real estate and the real estate commission - exemption for rights-of-way agents - endorsement for out-of-state brokers - real estate education - license revocation - recovery fund. Extends the automatic termination date of the division of real estate and the real estate commission to July 1, 2008, pursuant to the provisions of the sunset law. Continues the errors and omissions insurance function of the commission until July 1, 2008.

Exempts rights-of-way agents from real estate licensure for activities related to oil and gas, telecommunication lines, wireless communication facilities, cable, electric generation, transmission and distribution lines, water diversion, collection, distribution, treatment, storage and use, and transportation so long as a relocation of a business or residence is not involved in the transaction.

Authorizes the commission to compile and publish licensure passing rates by institutions providing real estate education.

Increases the maximum amount a consumer can access from the recovery fund to $50,000 per transaction and $150,000 per license.

Reduces restriction on out-of-state brokers applying for brokers license in Colorado. Creates endorsement for brokers who have a real estate brokers license for 2 years prior to application. Requires the out-of-state licenses to be in good standing. Adds a one-year waiting period before an applicant may reapply for a real estate license after the commission has revoked the license.

Creates a study to be performed by the commission to evaluate a transfer of supervision for real estate schools from the department of higher education to the commission.

APPROVED by Governor May 20, 1999
EFFECTIVE July 1, 1999

S.B. 99-109 Real estate professionals - referral fees - interference with brokerage relationship. Prohibits the payment of real estate brokerage referral fees by real estate licensees except in certain limited circumstances. Defines the terms "brokerage relationship", "interference with the brokerage relationship", and "referral fee". Specifies that violations of the section may be enforced by a civil action in a court of competent jurisdiction. Permits the prevailing party to recover, in addition to actual damages, treble damages and reasonable attorney fees.

APPROVED by Governor April 15, 1999
EFFECTIVE April 15, 1999

S.B. 99-142 Nursing home administrators - state board membership - license qualifications - continuation of board under sunset law. Increases the membership of the board of examiners of nursing home administrators by adding a licensed long-term health care professional. Changes removal of a member for neglect of duty to 3 unexcused absences from scheduled board meetings. Requires that members of the board who are nursing home administrators and long-term care professionals be actively licensed and not have lapses of employment greater than 120 days. Increases the term of board members to 4 years.

Mandates that, in order to qualify for appointment to the board, a nursing home administrator be a Colorado resident, currently licensed, and actively engaged in the practice of a nursing home administrator for at least 5 years and not be convicted of a felony related to the practice of being a nursing home administrator.

Repeals duties of the board that duplicate the "State Administrative Procedure Act".

Clarifies the requirements of applicants for examination for licensure to allow them to have:

Successfully completed an administrator-in-training program;
A bachelor's degree in business administration, public health administration, health administration, or any other degree deemed appropriate by the board; or
An associate's degree or higher in a health-care related field with 2 years of experience in supervision or administration in a nursing home or hospital.

Requires the board to promulgate rules defining the educational and experience requirements for licensure as a nursing home administrator.

Extends the automatic termination date of the board of examiners of nursing home administrators until July 1, 2009, pursuant to the provisions of the sunset law.

APPROVED by Governor April 19, 1999
EFFECTIVE July 1, 1999

S.B. 99-232 Limited gaming - state historical fund - expenditures. Makes it clear that expenditures from the state historical fund are intended to be used for the purpose of historical restoration and preservation. Prohibits expenditures from the fund unless the state historical society and the cities of Central, Black Hawk, and Cripple Creek adopt standards for distribution of grants from the fund. Such standards shall include requirements that assure compliance with federal standards for historic rehabilitation and requirements that are intended to reduce use of the moneys for personal profit. Requires that expenditures by the cities be for property located within a national historic landmark district or within an area listed on the national register of historic places.

APPROVED by Governor June 2, 1999
EFFECTIVE June 2, 1999

H.B. 99-1065 Alcohol beverages - club liquor licenses - investigation of licensees. Creates an exception to the requirement that the moral character of all officers, directors, and 10% shareholders be investigated for licensing purposes. Provides that an investigation of the character of the corporate president and the club manager shall be sufficient for club liquor license purposes. Grants state and local licensing authorities the authority to charge a fee for fingerprinting and a background investigation of club managers.

States that an officer or director of a corporation that holds a club liquor license may have an interest in another liquor license.

APPROVED by Governor March 17, 1999
EFFECTIVE September 30, 1999
NOTE: This act shall take effect September 30, 1999, unless a referendum petition is filed during the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 99-1187 Bingo and raffles - regulation by secretary of state - continuation under sunset law - creation of advisory board - appropriation. Recreates and reenacts, with amendments, the statutory framework for licensing of bingo and other games of chance through the secretary of state in accordance with article XVIII, section 2 of the Colorado constitution. Extends the statutory and regulatory scheme until July 1, 2008.

Makes the following changes to the prior regulatory scheme:

Creates an advisory board, designated the Colorado bingo-raffle advisory board, to meet with the secretary of state and recommend changes to the governing statutes and rules, on an ongoing basis.
Retains the secretary of state as the "licensing authority" with both licensing and enforcement powers.
Creates a separate cash fund, designated the bingo-raffle cash fund, for revenues generated through the collection of license fees. Prohibits commingling of bingo-raffle revenues with moneys in the existing department of state cash fund.
Allows for the assessment of monetary fines, in lieu of license suspension or revocation, for violations of governing statutes and rules.
Provides a mechanism for the issuance of letter rulings on the legality of any proposed new practice or technology by a licensee. Gives the secretary of state 45 days to declare such a practice or technology illegal, otherwise it is deemed legal.
Ends the secretary of state's existing, informal practice of "rent control" for bingo halls. Requires all rental agreements to be filed with the secretary of state. Establishes a minimum rental period of 5 hours unless otherwise agreed.
Expressly prohibits fraud and misrepresentation by persons engaged in charitable gaming activity.
Allows a landlord, supplier, or manufacturer licensee to instruct and train a bingo-raffle licensee in the repair, operation, and maintenance of bingo-raffle equipment in certain circumstances.
Allows a landlord to sell bingo-related merchandise and supplies in a bingo hall during a bingo occasion and to carry on other activities agreed to by the organization renting the hall.
Prohibits the use of "pull tab reader" machines that look and act like slot machines unless they are pre-approved and tested to ensure that they cannot be used as slot machines. Requires notice to the secretary of state whenever pull tab reader machines are shipped, received, or moved from one location to another.
Allows certain organizations to conduct more than one game of chance simultaneously at separate locations, displaying a duplicate copy of their license at the off-site location.
Relaxes current requirements for the ownership of all equipment used in games of chance, permitting such equipment to be leased rather than owned outright by the bingo-raffle licensee if certain conditions are met.
Allows pull tab (raffle) tickets to be sold by a licensed organization independently of a "bingo occasion" run by the organization if such tickets are sold on premises that are either: (a) Owned, leased, or rented by the organization, used as its principal place of business, and controlled so that access is limited to members and bona fide guests; or (b) Licensed premises of a landlord licensee. Changes the requirements for licensing of premises so that premises may be licensed only if used primarily for the conduct of games of chance.
Increases the maximum number of games of chance a bingo-raffle licensee may conduct to 158 games per year, up from the current limit of 105.
Increases the maximum single prize for bingo or lotto to $500 from the current level of $250, but limits the number of such larger prizes that may be awarded to one per occasion.
Moves back quarterly reporting deadlines by approximately 2 weeks, from the 15th to the end of the months of January, April, July, and October. Exempts prize money from the existing requirement to report all payments in excess of $300 to any individual.
Expressly applies existing antitrust laws and the "volunteer immunity" statute to licensees and volunteer workers, respectively.

Adjusts the appropriation to the department of state in the fiscal year 1999-2000 general appropriation bill by redesignating the source of $1,205,208 from the department of state cash fund to the bingo-raffle cash fund, and appropriates to the department of state an additional $4,900 from the bingo-raffle cash fund.

BECAME LAW June 5, 1999
EFFECTIVE June 5, 1999

H.B. 99-1215 Alcohol beverages - public transportation system license - alcohol beverage sales authorized. States that any common carrier railroad holding a public transportation system liquor license may sell alcohol beverages by the drink at any event not open to the public, provided the event is held in a museum owned and operated by the licensee. Requires the licensee to notify the local law enforcement agency at least 14 days before the scheduled date of the event.

APPROVED by Governor March 31, 1999
EFFECTIVE March 31, 1999

H.B. 99-1217 Electricians - reciprocal licensing agreements with other states. Provides that the state electrical board may enter into reciprocal agreements with electrical boards of other states where the qualifications for electrical licensing are substantially equivalent to licensure requirements in Colorado. Provides that the state electrical board may issue an electrical license by endorsement or by reciprocal agreement to any person who is licensed to practice in another jurisdiction and possesses credentials and qualifications that are substantially equivalent to Colorado's requirements for licensure.

Eliminates a potential 6-month waiting period after an applicant's license is issued in another state before a Colorado license can be issued.

APPROVED by Governor April 9, 1999
EFFECTIVE April 9, 1999

H.B. 99-1228 Veterinarians - access to veterinary records. Exempts from inspection under the open records law veterinary data, information, and records on individual animals that are owned by a private individual or business but are in the custody of a veterinary medical practice or hospital that provides veterinary medical care to animals. Provides that a veterinary-patient-client relationship exists when the animal's owner and a veterinarian enter into a mutual agreement for the provision of medical care for the animal and the owner maintains ownership of the animal.

States that veterinary records in the custody of an animal care provider shall be available for inspection only by the owner of the animal or the owner's designated representative. Provides for copies of X rays and other film to be made available to the owner or the owner's designated representative upon payment of reasonable costs. Prohibits records concerning an animal's care from being available to the public if a veterinary-patient-client relationship exists with respect to such animal. Defines "animal care provider".

APPROVED by Governor April 22, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 99-1301 Licensing generally - conditions of admission or continued licensure - "pro bono" requirements prohibited. Prohibits any regulatory agency or other instrumentality of state government from requiring a member of a regulated profession or occupation to donate his or her services without compensation to any other person as a condition of admission to or continued licensure in such profession or occupation. Prohibits any requirement for the payment of money in lieu of donated of services, but allows credit toward continuing education requirements in exchange for donated services.

APPROVED by Governor April 22, 1999
EFFECTIVE April 22, 1999

H.B. 99-1312 Electricians - increase ratio of apprentices to licensed electricians. Finds that the substantial growth in the construction industry and an insufficient number of qualified electricians to meet the industry's demand necessitates increasing the apprenticeship ratio. Further finds that additional employment opportunities will be created by increasing the apprentice ratio for electricians, thus further improving the state's economy.

Increases the ratio of apprentices from one apprentice to 3 apprentices to every one licensed electrician.

APPROVED by Governor June 4, 1999
EFFECTIVE October 15, 1999
NOTE: This act shall take effect October 15, 1999, unless a referendum petition is filed during the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 99-1329 Bail bonding agents - creation of professional cash bail agents - educational requirements - bonding - licensing - discipline. Creates a licensure category of professional cash bail agent. Requires at least 8 hours of prelicensure education. Specifies that a professional cash bail agent shall be a licensed bail bonding agent for 4 years in Colorado prior to being eligible for licensure as a professional cash bail agent.

Requires a professional cash bail agent to post a qualification bond of no less than $50,000 with the division of insurance. Restricts a professional cash bail agent from furnishing a single bail greater than twice the amount of the bond posted with the division. Requires that a professional cash bail agent only issue bail in accordance with Colorado law.

Prioritizes the claim of the division over other claims against a qualification bond in the event of a forfeiture of the professional cash bail agent qualification bond. Prohibits a professional cash bail agent from issuing any new bail until the professional cash bail agent's qualification bond is restored to at least $50,000. Allows forfeiture proceedings on a qualification bond of a professional cash bail agent when the professional cash bail agent's name has been posted on a board pursuant to Colorado law for a period greater than 30 days.

Allows for discipline of a professional cash bail agent's license for failure to post or maintain a qualification bond with the division. Allows for discipline of a professional cash bail agent's license for furnishing a single bail amount in any court in Colorado in an amount greater than twice the amount of the professional cash bail agent's qualification bond.

Includes surety agent, cash bonding agent, and professional cash bail agent within bail bonding agent for the purposes of licenses issued by the division.

APPROVED by Governor May 29, 1999
EFFECTIVE January 1, 2000

H.B. 99-1342 Limited gaming - acquisition of slot machine equipment - notice. Eliminates the statutory prohibition against relationships between manufacturers or distributors of slot machine equipment and slot machine operators. Instead requires manufacturers and distributors to provide the division of gaming in the department of revenue with 10 days' notice whenever such manufacturer or distributor knowingly:

Acquires a financial interest in an operator;
Employs a person who is also employed by an operator;
Allows a person with a substantial interest in its business to have an interest in an operator; or
Allows an operator or person with a substantial interest in an operator to have an interest in its business.

APPROVED by Governor April 30, 1999
EFFECTIVE April 30, 1999

H.B. 99-1349 Architects - repeal of use of license number. Repeals the requirement that an architect include the architect's license number in advertisements in a Colorado publication.

APPROVED by Governor May 24, 1999
EFFECTIVE May 24, 1999

H.B. 99-1368 Real estate brokers - referral of title insurance business for remuneration prohibited. Requires the real estate commission to issue rules that:

Prohibit real estate brokers and broker associates from offering incentives, imposing disincentives, or giving remuneration to another active licensed real estate broker or broker associate to influence the referral of title insurance business to a certain company or agent; and
Require written disclosure to the buyer or seller when the listing agreement is signed if there will be a referral to a title company in which the real estate broker or broker associate has a financial interest.

States that the rules must include disciplinary measures to be taken against brokers or broker associates who violate the stated conduct and that the rules can be no more restrictive than those adopted by the division of insurance for title insurance companies.

APPROVED by Governor May 29, 1999
EFFECTIVE May 29, 1999